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Ch. 26
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PARRIS N. GLENDENING, Governor
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In subsection (a)(3) of this section, the defined term "local correctional
facility" is substituted for the former reference to a "county jail or
detention center" for consistency within this article.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that under subsection (b)(2) of this section, it is
not necessary that the person who is disarmed actually be employed as a
law enforcement officer, merely that the person disarming "hav[e]
knowledge or reason to know" that the other is employed as a law
enforcement officer.
Defined terms: "Local correctional facility" § 1-101
"Person" § 1-101
4-104. CHILD'S ACCESS TO FIREARMS.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "AMMUNITION" MEANS A CARTRIDGE, SHELL, OR OTHER DEVICE
CONTAINING EXPLOSIVE OR INCENDIARY MATERIAL DESIGNED AND INTENDED FOR
USE IN A FIREARM.
(3) "CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF 16 YEARS.
(4) (I) "FIREARM" MEANS A HANDGUN, RIFLE, SHOTGUN,
SHORT-BARRELED RIFLE, OR SHORT-BARRELED SHOTGUN, AS THOSE TERMS ARE
DEFINED IN § 4-201 OF THIS TITLE, OR ANY OTHER FIREARM.
(II) "FIREARM" DOES NOT INCLUDE AN ANTIQUE FIREARM AS
DEFINED IN § 4-201 OF THIS TITLE.
(B) EXCEPTIONS.
THIS SECTION DOES NOT APPLY IF:
(1) THE CHILD'S ACCESS TO A FIREARM IS SUPERVISED BY AN
INDIVIDUAL AT LEAST 18 YEARS OLD;
(2) THE CHILD'S ACCESS TO A FIREARM WAS OBTAINED AS A RESULT OF
AN UNLAWFUL ENTRY;
(3) THE FIREARM IS IN THE POSSESSION OR CONTROL OF A LAW
ENFORCEMENT OFFICER WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
(4) THE CHILD HAS A CERTIFICATE OF FIREARM AND HUNTER SAFETY
ISSUED UNDER § 10-301.1 OF THE NATURAL RESOURCES ARTICLE.
(C) PROHIBITED.
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- 323 -
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